IN THE DISTRICT COURT OF SEMINOLE COUNTY
STATE OF OKLAHOMA
TYLER MOREY,
)
)
Plaintiff,
)
vs.
)
RYAN MEDLEY, J.J. SEND, LLC, and
BANK7,
)
Defendants.
PETITION
COMES NOW Plaintiff, Tyler Morey ("Morey"), and for his causes of action against Defendants, Ryan Medley ("Medley") J.J. Send, LLC ("JJS"), and Bank7 ("Bank7") (Medley, JJS and Bank7, collectively, "Defendants"), states as follows:
Parties, Venue and Jurisdiction
1. Morey is an individual residing in Oklahoma County, Oklahoma, doing business in Seminole County, Oklahoma.
2. On information and belief, Medley is an individual residing in Oklahoma County, Oklahoma, doing business in Seminole County, Oklahoma.
3. On information and belief, JJS is an Oklahoma limited liability company doing business in Seminole County, Oklahoma.
4. On information and belief, Bank7 is an Oklahoma domestic bank, doing business in Seminole County, Oklahoma.
5. Jurisdiction is properly vested in this Court pursuant to 12 O.S. § 2004(F).
6. Venue is proper in Seminole County pursuant to 12 O.S. §§ 132, 134 and 143.
General Allegations
7. Morey realleges and incorporates paragraphs 1 – 6 above.
8. On or about September 11, 2023, Medley and JJS made that certain Promissory Note (the “Note”) in favor of Morey, promising to pay the total sum of One Hundred Forty-Six Thousand Two Hundred Fifty-Five and 82/100 Dollars ($146,255.82), together with interest thereon at the rate of Five Percent (5%) per annum. A copy of the Note is attached hereto as Exhibit “1”.
9. Medley and JJS promised to make monthly payments to Morey in the amount of Two Thousand Seven Hundred Sixty and 3/100 Dollars ($2,760.03) for Sixty (60) consecutive months, beginning on the first day of January 1, 2025.
10. Pursuant to the terms of the Note, Medley and JJS would be in default thereof in the event they failed to make any payment within Fifteen (15) days of the date on which it came due.
11. In the event of a default thereunder, the Note established that the entirety of the amount due thereunder would “immediately become due and payable without further action of any kind . . .”
12. Medley and JJS have failed or otherwise refused to make the monthly payments due under the Note on January 1, 2025, and February 1, 2025, and failed to remedy such nonpayment within Fifteen (15) days of the date on which it was due.
13. As partial security for the obligations established by the Note, JJS granted Morey a mortgage (the “Mortgage”) on certain real property located at 36365 E. 1100 Rd., Okemah, OK 74859, more specifically described as follows:
The West Half of the Southeast Quarter (W/2 SE/4) of Section Fourteen (14), Township Eleven (11) North, Range Seven (7) East, Seminole County, Oklahoma, SURFACE ONLY.
(The “Property”).
14. The Mortgage was recorded in the office of the Seminole County Clerk on October 5, 2023, at Document Number I-2023-004181, Book 4476, Page 72. A copy of the Mortgage is attached herewith as Exhibit “2”.
15. Bank7 may claim some right, title or interest to the Property by virtue of that certain Mortgage recorded in the office of the Seminole County Clerk on February 6, 2019, at Document Number I-2019-000556, Book 4131, Page 192, as modified by that certain Modification of Mortgage recorded in the office of the Seminole County Clerk on April 11, 2019, at Document Number I-2019-001744, Book 4144, Page 96.
First Cause of Action
Breach of Promissory Note
16. Morey realleges and incorporates paragraphs 1-15 above.
17. Medley and JJS failed to make the payments due under the Note on January 1, 2025 and February 1, 2025, and did not remedy such failure within Fifteen (15) days of the date on which they were due, rendering both Medley and JJS in default under the terms of the Note.
18. As of the filing of this Petition, there is due, owing and unpaid on the Note the total sum of $165,601.67, consisting of $146,255.82 in principal and accrued interest in the amount ot $19,345.85. Interest continues to accrue at the rate of Five Percent (5%) per annum until the indebtedness is paid in full.
19. Under the terms of the Note, Morey is entitled to recover his costs, expenses and reasonable attorneys’ fees incurred in connection with this action.
20. Morey is entitled to judgment in personam, jointly and severally, against Medley and JJS for the sum of $165,601.67, consisting of $146,255.82 in principal and accrued interest in the amount of $19,345.85, together with interest continuing to accrue at the rate of Five Percent (5%) per annum until the indebtedness is paid in full, and Morey’s costs, expenses and reasonable
attorneys’ fees incurred in connection herewith and interest on the total from and after the date of judgment until paid in full at the Oklahoma statutory rate for interest on judgments.
Second Cause of Action
Unjust Enrichment
21. Morey realleges and incorporates paragraphs 1 – 19 above.
22. Morey furnished valuable funds to JJS and Medley with the reasonable expectation of repayment from JJS and Medley.
23. JJS and Medley benefitted from the funds furnished to them by Morey, and accepted the funds knowing Morey expected payment therefor.
24. As a result, JJS and Medley have been unjustly enriched under inequitable circumstances, causing Morey to suffer damages as a direct result of said unjust enrichment. Therefore, Morey is entitled to judgment against JJS and Medley in an amount no less than $165,601.67, plus prejudgment and post-judgment interest, costs and attorneys’ fees.
Third Cause of Action
Actual and Constructive Fraud
25. Morey realleges and incorporates paragraphs 1 – 24 above.
26. JJS and Medley, to induce Morey to accept the Note and issue the consideration therefor, promised to make payments thereunder beginning January 1, 2025.
27. Upon information and belief, JJS and Medley falsely represented their intention to make such payments, and never intended to do so.
28. JJS and Medley’s false representations and concealments were made with full knowledge of their falsity.
29. JJS and Medley made false representations and concealments with the intention that they be acted upon, and those false representations and concealments were in fact acted upon when Morey executed the Notes and issued the consideration therefor to JJS and Medley.
30. Morey was injured by JJS and Medley’s fraudulent conduct.
31. In addition, the intentional omissions of fact, misrepresentations and false promises made by JJS and Medley are of the type for which the law imposes punitive damages.
32. Morey is entitled to judgment against JJS and Medley, jointly and severally, on his actual and constructive fraud claim for the sum of $165,601.67, consisting of $146,255.82 in principal and accrued interest in the amount of $19,345.85, together with interest continuing to accrue at the rate of Five Percent (5%) per annum until the indebtedness is paid in full, and Morey’s costs, expenses and reasonable attorneys’ fees incurred in connection herewith and interest on the total from and after the date of judgment until paid in full at the Oklahoma statutory rate for interest on judgments.
33. Pursuant to 12 O.S. § 9.1(B) – (D), a plaintiff is entitled to seek punitive damages where the defendant has (i) acted in reckless disregard for the rights of others, or (ii) acted intentionally and with malice towards others. A claim for fraud inducing the making of a contract may result in the assessment of punitive damages. Z.D. Howard Co. v. Cartwright, 1975 OK 89, ¶ 17, 537 P.2d 345, 347.
34. JJS and Medley acted intentionally and with malice towards Morey, and/or with reckless disregard of Morey’s rights, by making false representations and concealments with the intention that they be acted upon, which induced Morey to accept and continue with his obligations under the Note. As a result of JJS and Medley’s actions Morey is entitled to an award of punitive damages, in an amount to be determined at trial.
Fourth Cause of Action
Foreclosure of Mortgage
35. Morey realleges and incorporates paragraphs 1 – 34 above.
36. As partial security for repayment of the indebtedness evidenced by the Note, Medley and JJS made, executed and delivered to Morey the Mortgage, covering the Property.
37. Defendant Bank7 claims or may claim some right, title or interest in and to the Property, but the right, title and interest, if any, of said Defendants is junior, subordinate and inferior to the right, title and interest of Morey therein.
38. Morey has a first, valid, prior and superior lien, mortgage and security interest in and to the Property as security for repayment of all indebtedness due and owing to Morey pursuant to the Note and all other indebtedness due and owing to Morey pursuant to Morey and all other indebtedness due and owing by JJS to Morey.
39. Each of Defendants JJS and Bank7 should be required to set forth their respective claims in and to the Property to enable the Court to determine the priority of each party’s interest, if any, in and to the proceeds resulting from the sale of the Property after payment of all indebtedness, costs, expenses and attorneys’ fees due and owing to Morey.
40. Morey is entitled to a judgment in rem against each of Defendants JJS and Morey decreeing that Morey has a first, valid, prior and superior lien, mortgage and security interest on, in and against the Property and that each of said Defendants, and all persons claiming by, through or under them before or since the filing of this Petition, be restrained, enjoined, foreclosed and forever barred from having or asserting any right, title, interest, claim or equity of redemption in or against the Property.
41. Morey is entitled to have a judgment entered foreclosing the Mortgage and to have an order of sale directing the sale of the Property, with or without appraisement as Morey may
elect at or prior to the time judgment is rendered, to the highest bidder at a Sheriff’s Sale, with the proceeds therefrom first being applied to the costs and expenses of the Sheriff’s Sale, next to the debts, obligations and liabilities of JJS to Morey, with the balance of such proceeds, if any, being disbursed to the remaining Defendants in such order as the Court may determine.
Prayer
WHEREFORE, Plaintiff Tyler Morey prays for Judgment as follows:
a. On Plaintiff Tyler Morey’s First Cause of Action, Judgment in personam against Defendants Ryan Medley and J.J. Send, LLC, on the Note for the sum of $165,601.67, consisting of $146,255.82 in principal and accrued interest in the amount of $19,345.85, with interest continuing to accrue at the rate of 5% per annum until the indebtedness is paid in full, together with Plaintiff Tyler Morey’s costs, expenses and reasonable attorneys’ fees incurred in connection herewith;
b. On Plaintiff Tyler Morey’s Second Cause of Action, Judgment in personam against Defendants Ryan Medley and J.J. Send, LLC for Unjust Enrichment for the sum of $165,601.67, plus prejudgment and post-judgment interest, costs and attorneys’ fees;
c. On Plaintiff Tyler Morey’s Third Cause of Action, Judgment in rem against Defendants J.J. Send, LLC and Ryan Medley on his claim for actual and constructive fraud for the sum of $165,601.67, consisting of $146,255.82 in principal and accrued interest in the amount of $19,345.85, together with interest continuing to accrue at the rate of Five Percent (5%) per annum until the indebtedness is paid in full, and Morey’s costs, expenses and reasonable attorneys’ fees incurred in connection herewith and interest on the total from and after the date of judgment until paid in full at the Oklahoma statutory rate for interest on judgments.
d. On Plaintiff Tyler Morey’s Fourth Cause of Action, Judgment *in rem* against Defendants J.J. Send, LLC and Bank7, decreeing that Plaintiff Tyler Morey has a first, valid, prior and superior lien, mortgage and security interest on, in and against the Property and that each of said Defendants, and all persons claiming by, through or under them before or since the filing of this Petition, be restrained, enjoined, foreclosed and forever barred from having or asserting any right, title, interest, claim or equity of redemption in or against the Property, and a Decree foreclosing the Mortgage, and entry of an order of sale directing the sale of the Property, with or without appraisement as Plaintiff Tyler Morey may elect at or prior to the time judgment is rendered, to the highest bidder at a Sheriff’s Sale, with the proceeds therefrom first being applied to the costs and expenses of the Sheriff’s Sale, next to the debts, obligations and liabilities of Defendant J.J. Send, LLC to Plaintiff Tyler Morey, with the balance of such proceeds, if any, being disbursed to the remaining Defendants in such order as the Court may determine;
e. Judgment in *personam* against Defendants J.J. Send, LLC and Ryan Medley finding J.J. Send, LLC and Ryan Medley acted intentionally and with malice towards Plaintiff Tyler Morey, and/or with reckless disregard of Plaintiff Tyler Morey’s rights, by making false representations and concealments with the intention that they be acted upon, which induced Plaintiff Tyler Morey to accept and continue with his obligations under the Note, and awarding Plaintiff Tyler Morey punitive damages in an amount to be determined at trial; and
f. For such other and further relief as the Court deems just and equitable.
Respectfully submitted,
BARROW & GRIMM, P.C.
By ____________________________
Trevor R. Henson, OBA No. 30104
Dillon J. Hollingsworth OBA No. 33915
110 W. Seventh Street, Suite 900
Tulsa, OK 74119-1044
(918) 584-1600
(918) 585-2444 (Fax)
[email protected]
[email protected]
ATTORNEYS FOR PLAINTIFF
PROMISSORY NOTE
U.S. $146,255.82
Oklahoma City, Oklahoma
September 11, 2023
FOR VALUE RECEIVED, the undersigned ("Maker") promises to pay to the order of Tyler Morey, an individual residing at [address of noteholder] (the "Noteholder") or at such other place as the holder hereof may designate in writing, the principal sum of One-hundred-forty-six thousand two-hundred-fifty-five dollars and eighty-two cents ($146,255.82) together with interest at five percent (5%) per annum. Principal shall be payable in 60 consecutive equal monthly principal installments of Two thousand seven hundred sixty dollars and three cents ($2,760.03) together with interest in arrears, with the first installment due January 1, 2025, and the remaining installments due on the 1st day of the month thereafter; except that, unless sooner paid, all principal hereunder shall be due and payable on December 1, 2029.
Maker shall have the right at any time to prepay the entire outstanding amount of this Note. Maker shall have the right to make a partial prepayment of this Note at any time.
Maker will be in default if:
(i) Maker does not make any payment within fifteen (15) days of the date due;
(ii) The Maker shall be unable to pay its or his debts as they mature or shall make an assignment for the benefit of any of its or his creditors;
(iii) A proceeding in bankruptcy or for reorganization of the Maker or the readjustment of any of their respective debts under the Bankruptcy Act, as amended, or any part thereof, or under any other laws, whether state or federal, for the relief of debtors now or hereafter existing, shall be commenced by the Maker or shall be commenced against the Maker and shall not be discharged within one-hundred twenty (120) days of its commencement;
(iv) A receiver or trustee shall be appointed for the Maker or for any substantial part of its assets, or any proceeding shall be instituted for, in the case the Maker is a Corporation, the dissolution or the full or partial liquidation of the Corporation, and such receiver or trustee shall not be discharged within one-hundred twenty (120) days of his appointment, or such proceeding shall not be discharged within one-hundred twenty (120) days of its commencement;
(v) A judgment creditor of the Maker shall obtain possession of any of its or his assets by any means including, without limitation, levy, restraint, or replevin; or
(vi) The validity or enforceability of this Note, or any lien contemplated hereby shall be contested by the Maker.
Upon the occurrence of an event of default specified in the foregoing subparagraphs of this Note, at the option of Noteholder, immediately and without notice to Maker, the obligation of Maker hereunder shall immediately become due and payable without further action of any kind, and this
Note shall become due and payable without presentment, demand, protest or other notice of any kind, all of which are expressly waived by Maker.
The Maker further promises to pay all costs and expenses, including reasonable attorney fees, which may be incurred by the Noteholder in collecting any sums due under this Note or in bringing any action to foreclose the lien securing this Note or in protecting or sustaining any lien, security agreement or Escrow Agreement.
Failure by the holder hereof to insist upon performance in accordance with the terms of this Note or the lien securing this Note shall not be deemed a waiver of any other obligation under this Note or the lien securing this Note.
Presentment, notice of dishonor, and protest are hereby waived by all makers, sureties, guarantors and endorsers hereof.
Any notice to Maker provided for in this Note shall be given by mailing such notice by certified mail addressed to Maker at the address stated below, or to such other address as Maker may designate by notice to the Noteholder. Any notice to the Noteholder shall be given by mailing such notice by certified mail, return receipt requested, to the Noteholder at the address stated above in this Note, or at such other address as may have been designated by notice to Maker.
This Note is to be governed by and construed in accordance with the laws of Oklahoma for all purposes.
J.J. Sehd LLC
Ryan Medley, Sole Member/Manager
Ryan Medley, Individually
LOAN AMORTIZATION SCHEDULE
ENTER VALUES
<table>
<tr>
<th>Loan amount</th>
<td>$146,255.82</td>
</tr>
<tr>
<th>Annual interest rate</th>
<td>5.00%</td>
</tr>
<tr>
<th>Loan period in years</th>
<td>5</td>
</tr>
<tr>
<th>Number of payments per year</th>
<td>12</td>
</tr>
<tr>
<th>Start date of loan</th>
<td>1/1/2025</td>
</tr>
<tr>
<th>Optional extra payments</th>
<td>$0.00</td>
</tr>
</table>
LOAN SUMMARY
<table>
<tr>
<th>Scheduled payment</th>
<td>$2,760.03</td>
</tr>
<tr>
<th>Scheduled number of payments</th>
<td>60</td>
</tr>
<tr>
<th>Actual number of payments</th>
<td>60</td>
</tr>
<tr>
<th>Total early payments</th>
<td>$0.00</td>
</tr>
<tr>
<th>Total interest</th>
<td>$19,345.85</td>
</tr>
</table>
LENDER NAME: Ryan Medley / J.J. Send LLC
<table>
<tr>
<th>PMT NO</th>
<th>PAYMENT DATE</th>
<th>BEGINNING BALANCE</th>
<th>SCHEDULED PAYMENT</th>
<th>EXTRA PAYMENT</th>
<th>TOTAL PAYMENT</th>
<th>PRINCIPAL</th>
<th>INTEREST</th>
<th>ENDING BALANCE</th>
<th>CUMULATIVE INTEREST</th>
</tr>
<tr><td>1</td><td>01/01/2025</td><td>$146,255.82</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,150.63</td><td>$609.40</td><td>$144,105.19</td><td>$609.40</td></tr>
<tr><td>2</td><td>02/01/2025</td><td>$144,105.19</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,159.59</td><td>$600.44</td><td>$141,945.60</td><td>$1,209.84</td></tr>
<tr><td>3</td><td>03/01/2025</td><td>$141,945.60</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,168.59</td><td>$591.44</td><td>$139,777.01</td><td>$1,801.28</td></tr>
<tr><td>4</td><td>04/01/2025</td><td>$139,777.01</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,177.62</td><td>$582.40</td><td>$137,599.39</td><td>$2,383.68</td></tr>
<tr><td>5</td><td>05/01/2025</td><td>$137,599.39</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,186.70</td><td>$573.33</td><td>$135,412.69</td><td>$2,967.01</td></tr>
<tr><td>6</td><td>06/01/2025</td><td>$135,412.69</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,195.81</td><td>$564.22</td><td>$133,216.89</td><td>$3,551.23</td></tr>
<tr><td>7</td><td>07/01/2025</td><td>$133,216.89</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,204.96</td><td>$555.07</td><td>$131,011.93</td><td>$4,076.30</td></tr>
<tr><td>8</td><td>08/01/2025</td><td>$131,011.93</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,214.14</td><td>$545.88</td><td>$128,797.78</td><td>$4,622.19</td></tr>
<tr><td>9</td><td>09/01/2025</td><td>$128,797.78</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,223.37</td><td>$536.66</td><td>$126,574.41</td><td>$5,158.84</td></tr>
<tr><td>10</td><td>10/01/2025</td><td>$126,574.41</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,232.63</td><td>$527.39</td><td>$124,341.78</td><td>$5,686.24</td></tr>
<tr><td>11</td><td>11/01/2025</td><td>$124,341.78</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,241.94</td><td>$518.09</td><td>$122,099.84</td><td>$6,204.33</td></tr>
<tr><td>12</td><td>12/01/2025</td><td>$122,099.84</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,251.28</td><td>$508.75</td><td>$119,848.56</td><td>$6,713.08</td></tr>
<tr><td>13</td><td>01/01/2026</td><td>$119,848.56</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,260.66</td><td>$499.37</td><td>$117,587.90</td><td>$7,212.45</td></tr>
<tr><td>14</td><td>02/01/2026</td><td>$117,587.90</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,270.08</td><td>$489.95</td><td>$115,317.83</td><td>$7,702.40</td></tr>
<tr><td>15</td><td>03/01/2026</td><td>$115,317.83</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,279.54</td><td>$480.49</td><td>$113,038.29</td><td>$8,182.89</td></tr>
<tr><td>16</td><td>04/01/2026</td><td>$113,038.29</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,289.03</td><td>$470.99</td><td>$110,749.25</td><td>$8,653.88</td></tr>
<tr><td>17</td><td>05/01/2026</td><td>$110,749.25</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,298.57</td><td>$461.46</td><td>$108,450.68</td><td>$9,115.33</td></tr>
<tr><td>18</td><td>06/01/2026</td><td>$108,450.68</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,308.15</td><td>$451.88</td><td>$106,142.53</td><td>$9,567.21</td></tr>
<tr><td>19</td><td>07/01/2026</td><td>$106,142.53</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,317.77</td><td>$442.26</td><td>$103,824.77</td><td>$10,009.47</td></tr>
<tr><td>20</td><td>08/01/2026</td><td>$103,824.77</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,327.42</td><td>$432.60</td><td>$101,497.34</td><td>$10,442.08</td></tr>
<tr><td>21</td><td>09/01/2026</td><td>$101,497.34</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,337.12</td><td>$422.91</td><td>$99,160.22</td><td>$10,884.98</td></tr>
<tr><td>22</td><td>10/01/2026</td><td>$99,160.22</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,346.86</td><td>$413.17</td><td>$96,813.36</td><td>$11,278.15</td></tr>
<tr><td>23</td><td>11/01/2026</td><td>$96,813.36</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,356.64</td><td>$403.39</td><td>$94,456.72</td><td>$11,661.54</td></tr>
<tr><td>24</td><td>12/01/2026</td><td>$94,456.72</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,366.46</td><td>$393.57</td><td>$92,090.26</td><td>$12,075.11</td></tr>
<tr><td>25</td><td>01/01/2027</td><td>$92,090.26</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,376.32</td><td>$383.71</td><td>$89,713.94</td><td>$12,458.82</td></tr>
<tr><td>26</td><td>02/01/2027</td><td>$89,713.94</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,386.22</td><td>$373.81</td><td>$87,327.72</td><td>$12,832.63</td></tr>
<tr><td>27</td><td>03/01/2027</td><td>$87,327.72</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,396.16</td><td>$363.87</td><td>$84,931.56</td><td>$13,196.49</td></tr>
<tr><td>28</td><td>04/01/2027</td><td>$84,931.56</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,406.15</td><td>$353.88</td><td>$82,525.42</td><td>$13,
<table>
<tr>
<th>PMT NO</th>
<th>PAYMENT DATE</th>
<th>BEGINNING BALANCE</th>
<th>SCHEDULED PAYMENT</th>
<th>EXTRA PAYMENT</th>
<th>TOTAL PAYMENT</th>
<th>PRINCIPAL</th>
<th>INTEREST</th>
<th>ENDING BALANCE</th>
<th>CUMULATIVE INTEREST</th>
</tr>
<tr><td>37</td><td>01/01/2028</td><td>$62,911.79</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,497.90</td><td>$262.13</td><td>$60,413.90</td><td>$16,279.10</td></tr>
<tr><td>38</td><td>02/01/2028</td><td>$60,413.90</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,508.30</td><td>$251.72</td><td>$57,905.59</td><td>$16,530.83</td></tr>
<tr><td>39</td><td>03/01/2028</td><td>$57,905.59</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,518.75</td><td>$241.27</td><td>$55,386.84</td><td>$16,772.10</td></tr>
<tr><td>40</td><td>04/01/2028</td><td>$55,386.84</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,529.25</td><td>$230.78</td><td>$52,857.59</td><td>$17,002.88</td></tr>
<tr><td>41</td><td>05/01/2028</td><td>$52,857.59</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,539.79</td><td>$220.24</td><td>$50,317.80</td><td>$17,223.12</td></tr>
<tr><td>42</td><td>06/01/2028</td><td>$50,317.80</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,550.37</td><td>$209.66</td><td>$47,767.43</td><td>$17,432.78</td></tr>
<tr><td>43</td><td>07/01/2028</td><td>$47,767.43</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,561.00</td><td>$199.03</td><td>$45,206.44</td><td>$17,631.81</td></tr>
<tr><td>44</td><td>08/01/2028</td><td>$45,206.44</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,571.67</td><td>$188.36</td><td>$42,634.77</td><td>$17,820.17</td></tr>
<tr><td>45</td><td>09/01/2028</td><td>$42,634.77</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,582.38</td><td>$177.64</td><td>$40,052.38</td><td>$17,997.81</td></tr>
<tr><td>46</td><td>10/01/2028</td><td>$40,052.38</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,593.14</td><td>$166.88</td><td>$37,459.24</td><td>$18,164.70</td></tr>
<tr><td>47</td><td>11/01/2028</td><td>$37,459.24</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,603.95</td><td>$156.08</td><td>$34,855.29</td><td>$18,320.78</td></tr>
<tr><td>48</td><td>12/01/2028</td><td>$34,855.29</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,614.80</td><td>$145.23</td><td>$32,240.50</td><td>$18,466.01</td></tr>
<tr><td>49</td><td>01/01/2029</td><td>$32,240.50</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,625.69</td><td>$134.34</td><td>$29,614.80</td><td>$18,600.34</td></tr>
<tr><td>50</td><td>02/01/2029</td><td>$29,614.80</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,636.63</td><td>$123.40</td><td>$26,978.17</td><td>$18,723.74</td></tr>
<tr><td>51</td><td>03/01/2029</td><td>$26,978.17</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,647.62</td><td>$112.41</td><td>$24,330.55</td><td>$18,836.15</td></tr>
<tr><td>52</td><td>04/01/2029</td><td>$24,330.55</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,658.65</td><td>$101.38</td><td>$21,671.90</td><td>$18,937.53</td></tr>
<tr><td>53</td><td>05/01/2029</td><td>$21,671.90</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,669.73</td><td>$90.30</td><td>$19,002.17</td><td>$19,027.83</td></tr>
<tr><td>54</td><td>06/01/2029</td><td>$19,002.17</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,680.85</td><td>$79.18</td><td>$16,321.32</td><td>$19,107.00</td></tr>
<tr><td>55</td><td>07/01/2029</td><td>$16,321.32</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,692.02</td><td>$68.01</td><td>$13,629.30</td><td>$19,175.01</td></tr>
<tr><td>56</td><td>08/01/2029</td><td>$13,629.30</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,703.24</td><td>$56.79</td><td>$10,926.06</td><td>$19,231.80</td></tr>
<tr><td>57</td><td>09/01/2029</td><td>$10,926.06</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,714.50</td><td>$45.53</td><td>$8,211.56</td><td>$19,277.32</td></tr>
<tr><td>58</td><td>10/01/2029</td><td>$8,211.56</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,725.81</td><td>$34.21</td><td>$5,485.75</td><td>$19,311.54</td></tr>
<tr><td>59</td><td>11/01/2029</td><td>$5,485.75</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,737.17</td><td>$22.86</td><td>$2,748.58</td><td>$19,334.39</td></tr>
<tr><td>60</td><td>12/01/2029</td><td>$2,748.58</td><td>$2,760.03</td><td>$0.00</td><td>$2,760.03</td><td>$2,737.12</td><td>$11.45</td><td>$0.00</td><td>$19,345.85</td></tr>
</table>
MORTGAGE
THIS MORTGAGE is given on September 11, 2023. For valuable consideration, the receipt and sufficiency of which is acknowledged, J. J. Send, LLC, 3064 Brush Creek Rd., Oklahoma City, OK 73120, "Borrower," (name all "Debtors") an Oklahoma LLC, does mortgage, grant, and convey to Tyler Morey ("Lender"), the following described real estate in Seminole County, State of Oklahoma:
The West Half of the Southeast Quarter (W/2 SE/4) of Section Fourteen (14), Township Eleven (11) North, Range Seven (7) East, Seminole County, Oklahoma,
SURFACE ONLY,
which is commonly known as: 36365 E 1100 Rd., Okemah, OK 74859.
TOGETHER WITH all buildings and improvements located or constructed on the real estate, all buildings and improvements (and for this purpose, this Mortgage is a security agreement, and all replacements of, additions to, or proceeds from the foregoing, whether from sale, taking, insurance, compensation for damages, or otherwise. All the foregoing is referred to in this Mortgage as the "Property."
DEBTORS COVENANT that they are lawfully seized of the estate hereby conveyed and have the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Debtors warrant and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.
SECURED INDEBTEDNESS: The above conveyance is given as a Mortgage, for the purpose of securing: (1) payment in full of that certain Promissory Note dated the same date as this Mortgage in the principal amount of $146,255.82 given by Debtors to Lender (the "Note"), with interest, and all renewals, extensions, and modifications of the Note; (2) the performance of Debtors' covenants and agreements under this Mortgage and the Note; (3) payment of other sums, with interest, due under the Note and this Mortgage; and (4) payment of other sums, with interest, advanced by Lender to protect the Property or the security of this Mortgage or otherwise. The final installment on the Note is due December 1, 2029.
PAYMENT OF INDEBTEDNESS: Debtors agree to pay all amounts owing under the Note and this Mortgage (the "Indebtedness"). Upon full payment of the Indebtedness, this Mortgage shall become null and void and shall be released by Lender.
DEFAULT: Debtors will be in default under this Mortgage if: (1) Debtors fail to perform any of Debtors' agreements or obligations under this Mortgage or the Note; (2) Debtors fail to perform under any agreement secured by liens on the Property existing prior to or after the date of this Mortgage; (3) Debtor is in default as described in the Note; or (4) Lender in good faith believes that the prospect of payment under the Note or performance under this Mortgage or the Note is impaired.
REMEDIES: Debtors agree that after Debtors' default under this Mortgage, Lender may, at Lender's option, and after any required notice or demand, declare the entire remaining unpaid balance of the Indebtedness immediately due and payable and may foreclose this Mortgage and